In the Matter of the Application of the Waverly Water-Works Company, to Acquire Title to Lands

Summary

The New York Court of Appeals affirmed the Special Term's order granting the Waverly Water‑Works Company leave to discontinue its land‑acquisition proceeding on the condition that it pay the owner his expenses, fees, and costs. The court held that a court's discretion to grant or refuse discontinuance includes the power to impose reasonable conditions beyond taxable costs, and that the 1854 statute does not limit that discretion.